The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-10-27

a dance was going on; looked in the
the window, came back and started III
the steps of the store and heard a sec
Ond shot; looked up toward the cabin
saw nothing and went into the saloon
10 defense-Was at my house when
heard the first shot; was about I5C
yards away from the cabin; 1t was s
!o'clock; I had just stepped out of the
door; the shot sounded like it was in
the cabin; do not think there were
more people there that night than
usual; did not think when heard the
first shot whether it came from that
cabin or any other cabin.
Mr.. ADAMS. Juab County Attorney,
was called and testified to having ex-
amined the premises where the shoot
ling occurred.
THE BULLET IN THE WALL
was in downward course. The testi-
mony was principally as to the dimen-
sions of the house.
Nh. DoNAHUE was the next witness.
Resided at Mammoth Hollow; knew
Flaherty and Either; knew Jobn
Leech's cabin; was there at O'Clock on
the 9TH; had been drinking that day
had been drinking tor several days;
there were Mike Flaherty, Leech and
self in the cabin, and the defendant,
Either, came in later; don't know OF
anyone else being there; Jr. Leech was
talking with Flaherty when Either
came in; Leech asked Eim if he would
go after some whisky; he said yes"
and went: we were
| TALKING ABOUT SHOOTING
when he came in with the whisky, and
1 said, You a. of a b., you can't
Shoot" Either came in with two guns;
threw one on the bed; Leech picked It
! up and said, defend yourself" Leech
remarked tlat it was empty; he shot
and the / ,ht went out; Either went
out about eight minutes, came in aud
| fired at Flaherty; he came in while the
light wes burning;
PUT HIS PISTOL AGAINST HIS HEAD AND
FIRED;
he was about two or three feet from
Flaherty when he fired; there were no
remarks made; Either then went out;
he hollered ana Leech went out With
the light; then Either came back the
third me and wentup to the bed whe g
Flaherty was and Said something;
don't know what it was; he remained
about minute; had no weapons with
me; I soon dozed off to sleep.
To defense-Was born in Indiana
County, Pa; am 80 years old. His tes-
tlmony showed that he had Travelled
all over the Pacific slope, from Colorado
TO California, Nevada, Mexico, ETC., and
while in the latter place, New Mexico,
he was tried and convicted of the muir
der of Frank Hunt. He said before the
Commissioner that he got clear OF 1t.
now he says he did not mean that; he
served term in the penitentiary for
the crime at San Quentic. He swore he
was never in the penitentiary when be
fore the Commissioner; nov he says he
served year; served out his sentence;
denied having ever killed three other
men; might have stated something of
the kind when he was drinking; it was
not so. He said: II stated in Tintic,
not long ago, that 1 had killed three
other men and was ready for the
fourth: was talking to Dillon. 1t was
some time last month, In the mine;
called it skylaTking. Dillon was saying
something:
WE " EHE JUST SKI LAkhING.
Denied saying to Dillon that he woaid
be the fourth. Witness now said that
he told Dillon he had killed two men,
but said it was a joke. Dillon just
laughed and went to work.
The reading of evidence taken befOre
the Commissioned was questioned by
the prosecution as being admissible, IS
it might not be correct.
Mp. neon Was,,ss called to certify as so
the testimony; said he had had some
experience as q stenographer; had been
reporting lately for the Tribune; had
reported some cases before the Com
rect transcription.
Defense was allowed to read from the
testimony TO witness: Called Either
d S. OF b. in the house" He said
before the Commissioner that he could
not remember anything Either ssid.
Now he says that Either was
taking about shooting. He said
before the Commissioner that he cslied
him s. Of q b.; it may have been in
order 10 start d row. but Either had
doue something to cause 1t.
Q.-Where did you first remember,
after your examination before the Com
missioner. what Either said to 20. 2
A-(1uess it was right after L LETT the !
Commissioners room; probably thirty |
minutes.
Odd any one remind you? AIR. |
Evans talked with me; Told |
about it again to-day; told Mr.. EYans !
before | went into the Commissioner !
office what Bert said.
Q-Then. why is it you could not re
member it in the Commissioner 8 office? |
Al don't know why.
The shooting occurred about one
and half hours after we went to the
cabin; Bert came in ha.f an hour later;
don't remember anything that was
said; only about going to work; that
Flaherty said he was going TO work
next day. Witness said before the
that ne did not remem-
Der FIaherty being there till after the
shooting. Now he says that Fiaherty
was sitting on the bed AID said he was
going to work next day.
HIS MEMORY MIGHT BE BETTER now